Property settlement

Are your contributions to a de facto relationship worth less because you are not married? The Full Court says “No”

In 2018, a Trial Judge of the Federal Circuit Court of Australia made Orders for a property settlement, in favour of the de facto husband. The outcome provided for the de facto husband to receive a significant adjustment of 75% of the pool of assets, and the de facto wife the remaining 25%.

In Whiton & Dagne [2019] FamCAFC 192, the Full Court of the Family Court overturned the decision of the Trial Judge, referring to his decision as a “‘leap from words to figures” insufficiently heralded by any reasoning”.

Financial disclosure in property settlements – produce, or go to prison?

Both you and your ex-partner have an obligation to provide financial documents to each other and disclosure should be a relatively straightforward process. However, it can get tricky if one person does not want to provide certain information because they do not have it, believe the other person is not entitled to it, or are simply trying to hide something

Property Settlements: The “Four” Step Approach

The Full Court of the Family Court has adopted an approach which is applied during Court proceedings involving property matters.  Lawyers giving advice about reasonable outcomes in a property matter use this process as a guide to advise clients about what they are entitled to.

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